Wednesday, April 7, 2010

The Real Price of Fakes

A case between Hewlett-Packard and Times Darkhorse Technology Co demonstrates the courts' determination to combat IP crime.

Hewlett-Packard sued Darkhorse Technology for dealing in counterfeit Hewlett-Packard computer printers. The defendant - Chen Shenghui, the manager of Darkhorse Technology - purchased fake Hewlett-Packard printers to sell to his customers. In May 2009 Hewlett-Packard lodged a complaint with the Haidan branch office of the Beijing Administration for Industry and Commerce, which investigated Chen and seized a large number of counterfeit printers. The counterfeit goods discovered at Darkhorse Technology's premises were valued at Rmb1 million.

The case was transferred to the police before being taken up by the Public Prosecutor's Office. In December 2009 Haidian District Court found Darkhorse Technology guilty of the attempted sale of commodities with counterfeit trademarks and fined it Rmb200,000. As the individual directly responsible for the infringement, Chen was sentenced to one year's imprisonment and was fined Rmb150,000. - Wan Hui Da Firm & Intellectual Property Agency

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